Kluwer Arbitration

SEPTEMBER 2, 2024

There is, therefore, no evidence of any relationship between Firm Capital and the Respondent while the Loan was outstanding that would have influenced the Arbitrator. As in Ballantry , ‘context’ was important to determine bias in Aroma. In addition, and in any event, the Loan was repaid prior to the arbitration hearing.

Influencing 52

Influencing Import Management Project Management 52

Kluwer Arbitration

NOVEMBER 14, 2023

Perhaps, underneath all the arbitral extravagance and incalculable network of disturbing corruption lurks a least appreciated cultural milieu worth $11 billion dollars. Cultural Bias Relative to Matters of Substance The most important passage in the whole opinion is the one contained in paragraph 314. 158-80, 228-306).

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

MAY 8, 2024

The discussion also addressed limitations to human cognitive skills, including the average attention span and the importance of engaging visuals. The speakers stressed the necessity of genuine credibility and discussed different ways of fairness. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here.

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

The discussion also addressed limitations to human cognitive skills, including the average attention span and the importance of engaging visuals. The speakers stressed the necessity of genuine credibility and discussed different ways of fairness. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here.

Ethics 52

Ethics Participation Import Sustainability 52

Kluwer Arbitration

FEBRUARY 22, 2024

The Arbitration Law contains some innovative provisions inspired by the UNCITRAL Model Law, constituting an important step towards modernisation. This step, however, to some extent, is mitigated by those more restrictive provisions that are influenced by Shariah law in Saudi legislation.

Negotiation 52

Negotiation Efficiency Influencing Corruption 52

Kluwer Arbitration

SEPTEMBER 11, 2024

Waiver of Execution Immunity Under the SIA The increasing acceptance of the doctrine of restrictive immunity has influenced how municipal courts treat arbitration agreements entered into by States and State-owned entities (“SOEs”). However, Burton J. To that extent, one may argue that this part of the Orascom ruling is obiter dicta.

Thresholds 98

Thresholds Contract Influencing IT 98

Kluwer Arbitration

AUGUST 9, 2024

Camilla Perera-de Wit ( Netherlands Arbitration Institution “NAI”) and Robin Oldenstam ( Arbitration Institute of the Stockholm Chamber of Commerce “SCC”) discussed the need for specialised arbitration, emphasising the importance of detailed rules and the expertise of arbitrators in technical fields.

Finance 98

Finance Transparency Demand Sustainability 98

Kluwer Arbitration

MARCH 20, 2024

Efficient Record Management Turning to the second point of the checklist, the panel recalled the importance to have an efficient record management. Aside from the clause, institutions may rely on other important parameters, among which are (i) the place of the parties, and (ii) the applicable law. Lawyers need to be on top on that.

Import 52

Import Efficiency Negotiation Tender 52

Kluwer Arbitration

AUGUST 23, 2024

In its decision, the Fujitsu court emphasized the importance of upholding the contracting parties’ intentions when assessing the validity of arbitration agreements and considered when federal courts might abstain from exercising jurisdiction. Supreme Court to step in once more to harmonize the varying perspectives.

Electronics 59

Electronics Influencing Import Corruption 59

Kluwer Arbitration

DECEMBER 7, 2023

The Task Force is part of the ITA’s Americas Initiative , which over the past two decades has played an important role in the development of arbitration in Latin America. Recognising the growing importance of other large parts of the Americas, the Americas Initiative has now expanded its focus to the Caribbean and Canada.

IT 52

IT Education Influencing Finance 52

Inter-American Development Bank

JULY 18, 2024

This has important implications for tax policies currently applied in countries, forcing governments to re-evaluate current tax rates and incentives to attract foreign investments. Influenced by legacy foreign direct investment policy practices, governments often prioritize lower taxes to stimulate economic growth and attract investment.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

OCTOBER 1, 2023

Ms Kwan highlighted that clients consider it important to nominate an arbitrator who is fluent in, or has a good working knowledge of, the language in which their witnesses might testify. He reiterated the importance of ensuring that the words in the witnesses’ statements are their own, as witnesses will invariably be asked that question.

Import 40

Import Retail Ethics Influencing 40

Kluwer Arbitration

DECEMBER 26, 2023

It is now important for the Centre to show that it is independent and efficient with a commitment to promote ADR services in Asia and beyond. This is one of the most important features that will assist in the enforcement of the Islamic arbitration awards.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

JUNE 15, 2024

In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. Once this period has expired, the withdrawing state has effectively terminated its membership. At the same time, Article 36(1) lit.

Influencing 52

Influencing Contract Negotiation IT 52

Kluwer Arbitration

APRIL 15, 2024

The discussion, initiated by Uka, highlighted the shift towards cleaner energy, the importance of upholding obligations under the Paris Agreement , and the crucial role of effective dispute resolution mechanisms in ensuring a smooth transition for Africa. She traced its evolution from wood and coal (e.g.,

Demand 52

Demand Sustainability Capacity Import 52

Kluwer Arbitration

JUNE 7, 2024

As such, it served as a useful reminder to arbitration practitioners that regulatory approaches in respect of one might well influence attitudes towards the other. Mulheron emphasized the importance of including both financial and prudential aspects in such a regulatory regime.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

JANUARY 31, 2024

Crypto, block-chain and AI technology will all influence business transactions over time, meaning the type of disputes will evolve. These initiatives are bound to influence approaches to private dispute resolution as well, including arbitration. Singapore too is pursuing similar initiatives.

Efficiency 52

Efficiency Innovation Influencing Management 52

Kluwer Arbitration

JUNE 8, 2024

Further, the importance of planning for budget overruns was discussed, given the unpredictable nature of investment claims in terms of their duration and cost. Although advisory opinions are non-binding, they are intended to influence domestic and international litigation.

Influencing 52

Influencing Balance Negotiation Corruption 52

Kluwer Arbitration

DECEMBER 9, 2023

In her words, “a s lawyers, we play a very important role in ensuring the expeditiousness and efficiency of the procedure ”. He underscored the importance of parties expressly clarifying their expectations regarding the method of calculating and updating these fees. Below is a list of the ICC Conference’s main highlights.

Public Bidding 52

Public Bidding Import Demand Bidding 52

Kluwer Arbitration

FEBRUARY 26, 2024

In contrast, use of interpreters is influenced by the choice of language, since the choice of language impacts whether interpreters are necessary, but ultimately affects perceptions of witnesses rather than lawyers. Grove Pham demonstrate the importance of confronting biases when faced with witnesses who require an interpreter.

Import 52

Import Influencing Corruption Evaluation 52

How to Crack a Nut

MARCH 10, 2023

And there are attributes or properties influencing the interpretability of a model (eg clarity) for which there are no evaluation metrics (yet?). Moreover, there are different (and emerging) approaches to AI explainability, and their suitability may well be contingent upon the specific intended use or function of the explanation.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

JUNE 5, 2024

Paulsson further emphasized the need to maintain ethical standards and avoid the pitfalls of professionalizing arbitration too much, which could lead to a system where decisions are influenced by factors other than merit.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

Kluwer Arbitration

MAY 14, 2024

Similarly to cases involving corruption or money laundering. Finally, Thieffry was asked to shed light on the notion of ‘environment-friendly arbitrator,’ emphasizing the importance of upholding arbitral duties and procedural efficiency. The lawmakers’ intent regarding the mandatory character of such rules may be decisive.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

Kluwer Arbitration

APRIL 11, 2024

Paris, amidst its annual Arbitration Week in 2024 , saw the convergence of arbitration practitioners and enthusiasts at the Hyatt Paris Madeleine for the conference “The Rise of Arbitration in Asia,” a testament to the region’s expanding arbitration influence, convened by Rajah & Tann Asia.

Innovation 52

Innovation Influencing Logistics Negotiation 52

Kluwer Arbitration

JUNE 7, 2024

their risk, value, and terms) whereas from the state’s side, and the write-off of debt to intervene a systematically important bank may be of an existential nature. There are two legal points to preliminary consider: from the investors’ side, the bonds as such must be assessed (e.g.

Tender 52

Tender Insurance Influencing Finance 52

Kluwer Arbitration

AUGUST 12, 2024

On 8 November 2017 and 21 December 2017, the Indian government imposed import tariffs on yellow peas and lentils respectively. What steps the seller should then take will be influenced by the location of the goods and their circumstance. The Goods arrived at Mundra in June 2017, but the Buyers failed to make payment prior to arrival.

Buyers 52

Buyers Price Freight Purchasing 52

Kluwer Arbitration

NOVEMBER 21, 2023

The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals. Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

APRIL 1, 2024

South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. South Africa has also historically understood the importance of recognising and enforcing arbitral awards.

Import 52

Import Efficiency Influencing Integration 52

Kluwer Arbitration

JANUARY 30, 2024

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This global shift is reflected in numerous requests for advisory opinions from international courts, aiming to clarify states’ obligations regarding climate change (see here , here , and here ).

Influencing 59

Influencing Balance IT Risk Management 59

Kluwer Arbitration

DECEMBER 30, 2023

Such disputes are increasingly complex and evidence-heavy, and the panel agreed on the importance of Procedural Order No 1 (PO1). The influence of counsel was often more discernible in written witness statements than oral evidence. A well-drafted PO1 is often a very usable tool to create an effective procedure.

Innovation 52

Innovation Import Sustainability Influencing 52

Kluwer Arbitration

APRIL 3, 2024

Adherence to these principles becomes all the more important in the context of growing mistrust and disillusion in the status quo , where heightened criticisms of international arbitration that threaten to undermine the mechanism’s effectiveness may occur.

Influencing 52

Influencing Balance Import Capacity 52

Kluwer Arbitration

JULY 12, 2024

Stefan Deaconu (Court of International Commercial Arbitration, the Chamber of Commerce and Industry of Romania) emphasised the importance of maintaining trust in the arbitral process, tracing back to ethics, legitimacy, and personal reputation. of the VIAC Rules ).

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

APRIL 1, 2024

As the criticisms of ISDS intensify, this year’s panel focused on the importance and means of amplifying the voices of developing States in ongoing reform efforts at the multilateral level, such as in the context of UNCITRAL Working Group III (“WGIII”) , and at the unilateral, bilateral and regional levels. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

MARCH 22, 2024

Whilst the outcomes they predict may look like “intelligent outcomes”, the focus is on predicting the outcome, rather than the reasons influencing why previous decisions have led to similar outcomes. Thirdly, AI programs are not designed to provide reasoned legal decisions: they are based on statistics and probabilities.

Evaluation 52

Evaluation Professional Services Efficiency Data 52

Kluwer Arbitration

JANUARY 7, 2024

2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.

Collusion 52

Collusion Insurance Capacity Corruption 52

Kluwer Arbitration

FEBRUARY 11, 2024

It teases out some connections or influences among ICA, investor-State arbitration (“ISA”), and international and domestic mediation, which I have also sought to represent visually in the graphic below. My address will take an even more encompassing view (and will be available as a full paper here after the public lecture).

Negotiation 52

Negotiation Influencing Corruption Consulting 52

Kluwer Arbitration

DECEMBER 10, 2023

Moving forward, it is important to recognise arbitration as just one part of a comprehensive strategy for resolving data privacy disputes. Despite being hailed as a significant advancement in data protection, the consent-based model brings its own challenges.

Data 97

Data Balance Transparency Efficiency 97